Question proposed, "That the words proposed to be left out stand part of the Question."

CAPTAIN ARCHDALL said, the hon. and learned Gentleman admitted the fact that he knew nothing whatever about the county of Tyrone, and his statement with respect to it might be taken for what it was worth. With regard to his attack upon the Orangemen, it was both unnecessary and uncalled for, and he (Captain Archdall) repeated what he had stated, while the hon. and learned Gentleman was speaking-namely, that the statement was entirely false and without foundation.

MR. SPEAKER: I am sure that the hon. and gallant Gentleman will see on a moment's reflection that he has used words which ought to be withdrawn.

CAPTAIN ARCHDALL: I bow, Sir, to your decision; but I belong to the Orange Society, and I cannot allow it to be put on a par with the Riband Society without giving it the most distinct contradic tion.

him that this was grossly false; and he questioned whether such language was Parliamentary. What, however, were they to expect from juries composed of such gentlemen? What was the charge against Mr. M'Crossan ? That he had put twenty-nine names on the jury list which were not found on the jury book. What jury book? The jury book of 1862 was to be given to him before the 1st of January, but he did not get it. What then was he to do? At great expense and personal inconvenience he went through the county and made out a list, to which no objection could be made, except that a number of Roman Catholics were placed on the list. Instead of adopting the former system, he did what was right and proper; but so addicted to jury-packing was every one connected with the administration of justice in the county, that when the case referred to came on for trial, the array was challenged by the prisoner on the ground that the sheriff had returned on it persons not qualified to serve, and omitted certain persons who were duly qualified to serve. The crown MR. SPEAKER: The words used were counsel took this extraordinary proceed-entirely false and without foundation;" ing; they demurred to the challenge, they ought to be withdrawn. thereby admitting the facts stated, and the judge quashed the array, as he was bound in duty to do. The sheriff was directed to return a new array, and he returned the same jury in order that the traverse might again be tried. A like objection was taken, and the trial of Donnellan was adjourned. Another prisoner was convicted by the same jury, and nothing further was heard of the matter since until the present debate. If the parties who brought forward this matter were anxious for inquiry, they would support his suggestion that there should be the full investigation which Mr. M'Crossan, in justice to himself, demanded. He (Mr. M'Mahon) did not know much about the county Tyrone personally, but he thought that it ought to be purified, and the Orange "rowdies," who were the dregs of society, put in their proper position.

Amendment proposed,

To leave out from the word "That" to the end of the Question, in order to add the words "a Select Committee be appointed to inquire into

the circumstances connected with the Jurors'

Liste, Books, and Panel in Tyrone since 1845, and particularly at the last Assizes, and generally into the mode of appointing Public Prosecutors, and the conduct of Criminal Prosecutions in Ireland,"

instead thereof.

CAPTAIN ARCHDALL: But what the hon. and learned Member has said with respect to the Orange Society is false.

MR. SPEAKER: I must repeat that the hon. and gallant Gentleman has not expressed himself in proper language.

CAPTAIN ARCHDALL: Then, Sir, I withdraw the words I used, but what I meant to say was that the statement of the hon. and learned Member is entirely contrary to the fact.

MR. O'BRIEN said, he rose to order. The hon. and gallant Gentleman had applied the epithet "false to the hon. Member (Mr. M'Mahon). He (Mr. O'Brien) believed it was not Parliamentary on the part of any hon. Member to use a phrase of that kind.

MR. SPEAKER: The hon. Member has withdrawn it.

CAPTAIN ARCHDALL said, with regard to the question which had been brought under the notice of the House by the noble Lord, it was deserving of the attention of the right hon. Gentleman the Chief Secretary for Ireland, and he trusted he would give the matter a serious consideration.

MR. M'CANN said, he had a high re spect for the High Sheriff of Tyrone, and believed him to be incapable of doing or conniving at any improper act; but as

the accuracy of the statements of the hon. | an apathy in the matter.
and learned Member for Wexford had been
called in question, he thought the House
could not do better than grant the inquiry
asked for.

MR. NEWDEGATE said, he thought the hon and learned Member for Wexford was right in asking for an inquiry, but the House ought to be careful not to interfere with judicial proceedings. The proposed inquiry would be too wide, and defeat its own object, as it would go over a space of seventeen years. The House should not interfere with the administration of justice, but he hoped the Government would prevent a recurrence of the circumstances which had been so properly reprobated by the judges.

MR. ROEBUCK said, the hon. Gentleman who had just spoken thought the inquiry would be too wide. In that he was right. But he was entirely wrong in supposing that an inquiry into the administration of justice was not within the functions of that House. If any question arose with respect to any of the judges, he was removable upon an Address by that House and the other House of Parliament. In that case the conduct of the high sheriff was called in question. Now, the high sheriff really represented the Executive, and the only body that was supposed by its functions to have the power of keeping the Executive in check was that House. He would therefore suggest to his hon. and learned Friend not to withdraw, but narrow his Motion.

SIR ROBERT PEEL said, he could not but regret that the noble Lord had thought it necessary again to agitate the matter, because he himself had admitted that it had already given rise to a great deal of party feeling. The noble Lord had made use of extremely strong language, for he had stated that the high sheriff and sub-sheriff of the county Tyrone had been tampering with trial by jury. [Cries of Order !] The noble Lord stated that these gentlemen had been tampering with and falsifying the jury panel. He (Sir Robert Peel) must say that he agreed with the remark which had fallen from the hon. and learned Member for Wexford, that if the accusation which had been levelled against these gentlemen by the noble Lord were true, he ought frankly and at once to have met the question by a Motion that their conduct should be inquired into. The noble Lord had said that the Government had shown

Now, so far

from the Government having displayed any apathy, he thought they had acted a truly constitutional part. The Government had nothing whatever to do with either the constitution of the grand or petty jury panels, and it would be most unconstitutional on the part of the Government if they were to attempt in any way to interfere with the duties which were imposed by statute on the high sheriff. The statute distinctly laid down what were the duties of the high sheriff; and the judge of assize was empowered, if he should think fit, to set a fine upon the sheriff if he returned on the panel the name of any man not inserted in the jurors' book last delivered. In that case Judge Christian had stated, that upon consideration he thought it was a wiser act of discretion on his part to abstain from imposing a fine; and in that expression of opinion he (Sir Robert Peel) concurred. The noble Lord had said that he apprehended a repetition of the conduct that was the subject of complaint, and he wanted to know what action the Government were prepared to take. The action taken by the Government was that they had directed attention to the fact, that a repetition of the alleged offence would be held to be a wilful disobedience of the statute, and that a fine would be imposed by the judge. Ho was not aware what other action the Government could take in the matter. He was not acquainted with the high sheriff; but he was sorry that such harsh language had been used in regard to him, because he believed him to be a gentleman of position and character. He had given him a statement with reference to his conduct and that of the sub-sheriff, from which it appeared that his noble Friend had been led into error. After stating that he had not received the jury book for 1862 from the clerk of the peace, and that the late sub-sheriff had not handed him the book for 1861 till after the late assizes, and then only on being threatened with an action if he did not do so, the high sheriff went on to say that the panel consisted of 150 names, composed equally of Protestants and Roman Catholics, and that all the persons placed upon the panel were fully qualified by station, and were of the most respectable and intelligent class. That he (the sheriff) could vouch for from personal observation, and their verdicts gave general satisfaction. Both the sub-sheriff and himself were anxious that the fullest in

MR. GEORGE said, that the hon. and learned Gentleman (Mr. M'Mahon) had most ingeniously attempted to mix up with the case before the House various other matters entirely disconnected with it, which had occurred from 1845 up to the present time, and had dragged in references to Orangemen and Ribandmen which were beside the question. The point to be considered was whether in that particular instance certain judicial officers had or had not violated the laws of their country. Something further ought to be done on the part of the Government than merely to express a hope that such a maladministration of justice as had been proved should not take place in the future. The majesty of justice ought to be reasserted. It was the duty of the executive Government to see that high sheriffs performed the functions of their high office as they were legally bound to do. He did not think that the reply given that night by the right hon. Gentleman the Secretary for Ireland would prove satisfactory to the people of Ireland.

quiry should take place, and they would he would add that he never entertained give every assistance to elucidate the the intention of irritating the feelings of his facts. It had been stated, the letter con- fellow countrymen on religious questions. tinued, that Mr. John M'Crossan was placed on the grand jury panel, to the exclusion of other gentlemen in the country better qualified, and who were in the habit of attending the assizes. The fact was, that Mr. John M'Crossan was the twenty-third on the grand jury list, and the last on the panel save one. Every gentleman was summoned who was in the habit of attending, or who had the right by property to do so, except those who had written to say they could not attend. The high sheriff knew of no law that excluded practising attorneys from serving on grand juries when their property entitled them to do so; and Mr. M'Crossan's property would have entitled him to have been placed higher on the list than he was. As high sheriff, he could not know that Mr. M'Crossan was employed to prosecute in several cases; and if he had known it, he doubted whether the fact would have disqualified Mr. M'Crossan for serving on the grand jury. Magistrates acting on grand juries were often interested in the success of the prosecutions, and had often expressed judicial opinions in cases MR. SCULLY observed that the only which came before them as grand jurors; question for consideration was whether Mr. and until the law laid down that profes- John M'Crossan, while acting as a grand sional gentlemen were to be excluded, he juror, was also acting as attorney to the saw no reason why he should deviate from prisoner, and to that a most distinct denial the course he pursued at the last assizes. had been given. Those who made the acThose assizes were attended by the two cusation were bound therefore in vindicaMembers for the county of Tyrone, neither tion of their own characters, to prove its of whom remonstrated at the time. A truth. member of the grand jury had volunteered MR. CORRY said, that the hon. Memthe statement that in Mr. M'Crossan they ber who had just sat down appeared to had a valuable acquisition, and, though think that the statement made by the hon. there was a prejudice against him at the and learned Member for Wexford-namely, first, he had by his good sense and strict that Mr. M'Crossan had not practiced duimpartiality won the good opinions of the ring the Spring Assizes in the Crown Court whole body. That letter he (Sir R. Peel) -was a complete answer to part of the case thought was very satisfactory. He did laid before the House from his noble Friend not believe that the circumstances com- and Colleague; but he was in a position to plained of would occur again, and he would deny the accuracy of that statement, and request his hon. and learned Friend to let on the best possible authority, which was the whole matter drop where it was, and no less than that of Mr. M'Crossan himto withdraw his Motion. He had given self. Mr. M'Crossan had rendered valuno notice of it, and it was a novel proceed- able service in the grand jury room during ing to urge a Parliamentary inquiry into the transaction of fiscal business; but after a subject like that before them without the Judges had arrived, and bills of indictnotice. Their time could be better occu- ment were sent up, he requested his (Mr. pied, particularly at the present period of Corry's) permission to absent himself, on the Session. It would be far better to the express ground that he was retained allow a question to drop which admittedly in several of the cases, and could not, had given rise to party and religious feel- therefore, be considered an impartial grand ing. After what he had heard that night, juror. But that was not all-on the fol

MR. HENNESSY suggested that the object would be attained by the hon. and learned Member for Wexford striking out the first part of his Resolution.

LORD NAAS said, he thought that the only points in the late occurrence as to which inquiry was asked were admitted by both parties; namely, that Mr. M'Crossan acted on the grand jury in the court in which he was also practising, and that the sub-sheriff, not content with the Crown list, added twenty-nine names to the list on his own responsibility. These gentlemen, having admitted that they had done wrong, defended themselves by making a cross charge as to the grand jury of the county of Tyrone for some years past. He thought that the House ought to be satisfied with the assurance of the Government, that such an occurrence as that complained of was not likely to occur again.

lowing day Judge Christian sent up to it, He must also say that the challenge him (Mr. Corry), as foreman of the grand of the panel did not take place until after jury, to say he desired to speak to him in the grand jury had been actually disthe court; and on going down, the Judge charged, and therefore no remark he showed him a bill which had been found might have made to the high sheriff could a true bill, and asked him whether have had any reference to that transMr. M'Crossan had been a party to the action. With respect to the Motion with finding, which he was desirous of know- which the hon. and learned Member for ing, as Mr. M'Crossan had been re- Wexford had concluded, he courted the tained in the case. He was enabled to in- fullest inquiry; but he thought, more esform the Judge that Mr. M'Crossan had pecially at so late a period of the Session, not taken part in the finding of the bill, it would be absurd to enter upon so extenand so the matter dropped. With respect sive an investigation, and one having no to the assertion of the hon. Member for especial reference to the case which had Wexford, that Mr. M'Crossan could not been brought to the notice of the House obtain a copy of the jurors' book for 1862 by his noble Colleague. from the outgoing sheriff, he would read extracts from a letter from Mr. Rogers, the late sub-sheriff, which showed that he had never applied to that gentleman for the book, and also that Mr. M'Crossan had admitted to Judge Ball in the Civil Court that the book for 1862 was actually in his possession before he struck the panel. The whole case lay in a nutshell-was the course adopted by the sub-sheriff legal, or was it not? and no one, he thought, could deny that it was in direct violation of the statute, and so satisfied was the judge of this, that he could not allow a prisoner to be put on his trial before a jury so constituted. There were four courses open to the sub-sheriff. He could have demanded the jurors' book from the clerk of the peace he could have demanded it from his predecessor, under a penalty, in case of refusal, of £100-or, failing these, he could have framed his panel from the book of the previous year; but, instead of adopting any of these courses, he did that which was in direct violation of the statute. He invented a panel of his own, thereby subjecting himself to a penalty under 3 & 4 Will. IV., c. 9, s. 33, if the Court had seen fit to impose it. His right hon. Friend the Secretary for Ireland had read a letter from the high sheriff, in which it was stated that he (Mr. Corry) had testified to Mr. M'Crossan's ability and impartiality as a grand juror; and he did not hesitate to say that Mr. M'Crossan, who was a gentleman of ability and conversant with country affairs, had rendered valuable service so long as fiscal business was under consideration; but he did not think that any gentleman ought to be a member of a grand jury who was open to the suspicion of having a personal interest in any bill of indictment which might come before

MR. CONINGHAM remarked that he thought a case for inquiry was established.

LORD CLAUD HAMILTON said, he had not the slightest objection to an inquiry into the particular case, but he thought it absurd to go back for fifteen years.

SIR GEORGE GREY said, he should contend that no sufficient case had been made for a Committee of Inquiry. It appeared that Mr. M'Crossan did not act as a grand juryman in any of the bills in which he was interested; and though he was far from saying that it was right for a gentleman to be on the grand jury and to practise in one and the same court, he thought that the judge was the proper person to decide, and to punish in such a case.

SIR EDWARD GROGAN said, there had been a clear miscarriage of justice.

MINUTES.]-PUBLIC BILLS.-1 West India Incumbered Estates Acts Amendment; Merchant Shipping Acts, &c. Amendment; Salmon Fisheries (Scotland); Sale of Spirits; Artillery Ranges; The Queen's Prison Discontinuance; Bleaching and Dyeing Works Act Amendment. 2a Jurisdiction in Homicides; Discharged Prisoners Aid.

3 Oxford University; Retiring Pay, &c. (British Forces, India); Universities (Scotland) Act Amendment.

COURT OF CHANCERY-ORDER RESPECTING PRINTING. — PETITION.

LORD BROUGHAM presented a Petition of Law Stationers, Law Writers, and

The House divided:-Ayes 84; Noes Copying Clerks of London, praying for

Committee report Progress; to sit a member of a firm which had been estabagain on Monday next.